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Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB - The Fifth Circuit Considers Class and Collective Action Waivers Without Arbitration Agreements
  • Baker & Hostetler LLP
  • USA
  • August 15 2017

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or


Digging In Its Heels: Disputing The DOJ’s Position, The NLRB Remains Defiant In Supreme Court Brief That Individual Arbitration Agreements Violate Employee Rights Under The NLRA
  • Baker & Hostetler LLP
  • USA
  • August 11 2017

On August 9 the National Labor Relations Board (NLRB or Board) filed its responsive brief in one of three cases before the Supreme Court that may


Esparza V. Ks Industries, L.P. - Separating PAGA & Unpaid Wage Claims - A Ray Of Sunshine?
  • Baker & Hostetler LLP
  • USA
  • August 4 2017

We have been following how California courts deal with the intersection of Private Attorneys General Act (“PAGA”) claims and individual arbitration


Florida Court Denies Conditional Certification of FLSA Case Involving Restaurant Staff
  • Baker & Hostetler LLP
  • USA
  • July 31 2017

As we’ve noted before, many courts have applied the standard for conditional certification so leniently that in places the requirement of a group of


2017 Mid-Year Securities Litigation and Enforcement Highlights
  • Baker & Hostetler LLP
  • USA
  • July 31 2017

The purpose of this report is to provide a periodic survey - in addition to our Practice Team Executive Alerts - on matters we believe to be of


Second Circuit Vacates District Court Judgment in Sex Discrimination Case Permitting an Arbitrator to Certify a Class Including Absent Class Members
  • Baker & Hostetler LLP
  • USA
  • July 26 2017

In a sex discrimination case we have been following for almost six years, the Second Circuit has added a measure of rationality by vacating a lower


Second Circuit Lowers Causation Standard for Employees Alleging FMLA Violations
  • Baker & Hostetler LLP
  • USA
  • July 26 2017

Last week, the Second Circuit joined the Third Circuit in lowering the causation standard in evaluating alleged Family and Medical Leave Act (FMLA


Massachusetts Supreme Court Holds Employee Can Pursue State Law Disability Discrimination Claim for Failure to Accommodate Off-Duty Use of Medical Marijuana
  • Baker & Hostetler LLP
  • USA
  • July 23 2017

On July 17, 2017, the Massachusetts Supreme Judicial Court concluded that an employee could sue her employers for state law disability discrimination


No Certification Where Loss of Data Prevents Class Identification
  • Baker & Hostetler LLP
  • USA
  • July 20 2017

Identifying potential class members is not an issue in most employment cases, as the employer likely has any number of employment records for each of


Massachusetts District Court Denies Certification for Claims of Unpaid Meal Breaks
  • Baker & Hostetler LLP
  • USA
  • July 18 2017

It has become almost part of the plaintiff playbook to bring wage and hour claims despite lawful employer policies by claiming some sort of